West Bengal

Paschim Midnapore

CC/43/2017

Susanta Kumar Jana - Complainant(s)

Versus

State Bank of India - Opp.Party(s)

Susanta Kumar Jana

17 May 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.                             

Pulak Kumar Singha, Member

and

Smt. Sagarika Sarkar, Member

    

Complaint Case No.43/2017

 

    Sri Susanta Kumar Jana, S/o Amiya Kumar Jana, at Kuikota,Nazrulpally,

    P.O. Medinipur, P.S. Kotwali,District Paschim Medinipur, PIN-721101,

    West Bengal…..….………Complainant

Versus

    State Bank of India, the Manager, S.B.I., Medinipur Main Branch, Branch

    Code- 0132, Rabindra Nagar, P.O. Medinipur, P.S. Kotwali, Dist. Paschim

    Medinipur, PIN-721101.………….Op.

 

 For the Complainant:  Arunalok Sen, Advocate.

 For the O.P.             :                           

 

                                                 Decided on: -  17/05/2017                              

ORDER

 Mr. Pulak Kumar Singha, Member :  In brief the case of the complainant is that complainant has a Savings Bank Account being no.11161914838 at S.B.I., Medinipur main Branch.  The complainant on 6/12/2016 have deposited a cheque of Rs.20,000/- being no.600659 of  Hemanta Saini of U.B.I., Salboni Branch and on 12/12/2016 complainant received intimation from O.P.-Bank that said cheque was encashed in the account of the complainant.  On 14/12/2016, the complainant issued a cheque of Rs.20,000/- vide cheque no.296919 in favour of Subrata Mishra and said person presented the said cheque of his account in Axix Bank, Medinipur Branch but the same has returned towards her by a reason for insufficient of fund, though there was sufficient balance in the account.  Again the complainant deposited one another cheque being no.159485

Contd……………P/2

(2)

of Apurba Singha Mahapatra of U.B.I., Bankura Branch on 15/12/2016 and the same was also encashed on 16/12/2016.  Complainant stated that without any cause cheque no.296919 was dishonoured and deducted Rs.345/- from the account of complainant, for which the complainant lost dignity in the society, suffered harassment, mental agony.  The complainant sent letter to the O.P.- Bank for cause of repudiation but O.P. did not give any reply.  Finding no way complainant approached before this Forum for getting redressal as per prayer of his complaint. 

                In spite of received the summon O.P. neither appeared nor contested this case by filing w/o so, the case is heard ex parte against O.P. 

Decision with Reasons

                Fact of the case is that complainant has a savings bank account with O.P. -Bank.  On 6/12/2016 complainant deposited a cheque of Rs.20,000/-  of U.B.I., Salboni Branch to his account and on 12/12/2016 got information from O.P. -Bank that said cheque has been encashed.  On 14/12/2016 complainant issued a cheque of Rs.20,000/- in favour of Subarna Mishra who presented the said cheque to her Axis Bank Account, Medinipur Branch but the said cheque returned due to insufficient of fund.  Subsequently complainant deposited another cheque being no.159485 of U.B.I., Bankura Branch on 15/12/2016 which has also been encashed on 16/12/2016.  Due to dishonoured cheque O.P.- Bank debited Rs.345/- from the account of the complainant. 

                Complainant to prove his case adduced evidence by filing affidavit in chief with some documents such as copy of S.B.I. Pass Book, Copy of issued cheque of Rs.20,000/- dated 14/12/2016, letter dated 17/12/2016 addressed to O.P., letter of O.P. dated 27/12/2016 and letter of complainant addressed to O.P.  Complainant himself as witness tendered and documents are marked exhibit 1 and 2 series.  It appears from the copy of bank ledger statement in the Pass Book of complainant that on 31/10/2016 previous balance shows Rs.4136/- .  On 12/12/2016, one cheque being no.600659 of Rs.20,000/- has been encashed and credit balance shown of Rs.24,136.22cr.  and issued cheque of Rs.20,000/- dated 14/12/2016 by the complainant was dishonoured on 16/12/2016 and bank charges debited Rs.345/-.  On 16/12/2016 on the said account another cheque of Rs.10,000/- was also encashed and on that date credit balance shown rs.33,791.22cr. 

                Complainant sent letter dated 17/12/2016 to the O.P.- Bank to know the reason of dishonoured cheque and in reply on 27/12/2016 O.P. asked the complainant to submit copy of

Contd……………P/3

 

(3)

Pass Book and returned memo of dishonoured.  On 16/02/2017, complainant has submitted those documents to the O.P. (Marked exhibit 2/3) but O.P. kept silence and no step was taken by the O.P. 

                It reveals from the Bank leadger statement that on 12/12/2016 where credit balance shown Rs.24,136.22cr. and complainant issued a cheque of Rs.20,000/- on 14/12/2016 which was dishonoured on 16/12/2016.  We find from the copy of Pass Book there is no reason to dishonor the cheque on the ground insufficient balance where Bank leadger shown sufficient balance in the account of complainant.  After getting written complaint with document from the complainant O.P.  did not take any step rather ignored the matter.  Moreover, after receiving the summon of this case, O.P. had enough opportunity to controvert the allegation of complainant and to put their defence  but in this case O.P. kept silence themselves.  For such act of OP complainant lost his social prestige as he is advocate by profession, suffered mental pain besides this he would have to face a criminal proceeding for dishonoured cheque which might be a severe consequence for the complainant. 

                In view of the above circumstances, we think O.P is negligent and deficient in service for which the complainant is entitled to get relief as prayed for.

                                      Hence, it is,

                                                                ORDERED,

                                                                               That the complaint case be and the same is allowed ex parte against O.P. with cost of Rs.1000/-.  OP is directed to pay Rs.345/- as debited amount and to pay Rs.5000/- for negligent and deficiency of service to the complainant within 30 days from the date of this order. 

Failure to comply Op shall be liable to pay Rs.2000/- per month as penal damage to be paid to this Forum.                                                 

 

Dictated and Corrected by me

         

                Member                                                                  Member